Knotty Issues of eDiscovery
In a murder and arson case, the Defendant objected to search warrants that had been issued for his personal computer, BlackBerry, Facebook profile and iPod. The Defendant claimed the affidavits supporting the warrants did not have any evidentiary nexus between the items to be searched and the alleged criminal activity. […]
Read moreThe Plaintiffs in 1524948 Alberta Ltd. v. John Doe 1-50 claimed they were the victims of trademark infringement, trade libel, defamation and intentional interference with contractual relationships. The Plaintiffs claimed the unknown Defendants used a website “to publish allegedly “false, defamatory and infringing statements and to conduct other unlawful activity[…]
Read moreIn a reverse confusion trademark infringement case, the Plaintiff made software named CakeBoss. The Plaintiff had a website with the same name and registered their trademark. Masters Software, Inc. v. Discovery Communs., Inc., 2010 U.S. Dist. LEXIS 79584, at *1-3 (W.D. Wash. July 16, 2010). Tasting the Difference The Discovery[…]
Read moreWhy would a juror’s online research be a “problem” for a criminal defendant? Because an “extrinsic influence on a jury’s deliberations violates a defendant’s Sixth Amendment rights to an impartial jury, to confront witnesses against him, and to be present at all critical stages of his trial.” United States v.[…]
Read moreYou should never betray the family…and one such betrayal resulted in trademark litigation over Mafia Wars. Now You are Part of the Family For those not familiar with Mafia Wars (or you spend a lot of time clicking “Ignore”), it is a game on social networking sites such as Facebook. […]
Read moreEvents can be announced on a social networking site with a few clicks of a keyboard. What happens when people attending an event announced on a social networking site get attacked by other event attendees? In Melton v. Boustred, the Defendant announced on MySpace he would hold a party at[…]
Read morePlaintiffs brought a motion for a new trial because of an email sent by a juror to the Plaintiffs’ attorney four days after a defense verdict. Wilgus v. F/V Sirius, Inc., 2009 U.S. Dist. LEXIS 100094 (D. Me. Oct. 27, 2009). The email stated: [D]id you know your plaintiff[s] advocated[…]
Read moreSocial networking litigation will be written by the end users of those websites. In Bass v Miss Porter’s School, the Defendant school sought from the Plaintiff discovery of her alleged teasing and taunting on Facebook. Bass v. Miss Porter’s Sch., 2009 U.S. Dist. LEXIS 99916 (D. Conn. Oct. 27, 2009).[…]
Read moreLaningham v. Carrollton-Farmers Branch Indep. Sch. Dist., 2009 U.S. Dist. LEXIS 86305 (N.D. Tex. Sept. 17, 2009) is a factual intense case of a cheerleader claiming unconstitutional gender bias on alleged cheerleader on cheerleader sexual harassment, which deprived the Plaintiff of her educational opportunities. The Plaintiff lost at summary judgment,[…]
Read moreActivities on Facebook, YouTube or any social networking site can land you in trouble. People do not have a blank check to do anything online. Key v. Robertson, 2009 U.S. Dist. LEXIS 51092, (E.D. Va. June 5, 2009) is an example of this situation. When Facebook Goes to a Law[…]
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